binning v. easton & sons [1906] ScotLR 43_312 (18 January 1906)

binning v. easton & sons [1906] ScotLR 43_312 (18 January 1906)

The proceedings for registration of a memorandum of agreement under the Workmen's Compensation Act 1897 are ministerial, not judicial; the Sheriff's decision on genuineness is final and not subject to appeal. The appeal is therefore incompetent and must be dismissed.

Citation
[1906] ScotLR 43_312
Parties
Pursuer/appellant: Andrew Binning; Defenders/respondents: James Easton & Sons
Jurisdiction
Scotland
Judgment Date
18 January 1906
Procedural Posture
Appeal From Sheriff Court (workmen's Compensation) / Appeal to Court of Session, Inner House, Second Division
Outcome
Appeal dismissed as incompetent
Legal Topics
Workmen's Compensation, Competency of Appeals, Ministerial Vs Judicial Acts, Registration of Agreements
Labour Law Civil Procedure Workmen's Compensation Competency of Appeals Ministerial Vs Judicial Acts Registration of Agreements

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Parties

Andrew Binning

Pursuer/appellant

James Easton & Sons

Defenders/respondents

Procedural Posture

Appeal From Sheriff Court (workmen's Compensation) / Appeal to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Is an appeal competent from the Sheriff's refusal to grant a special warrant to record a memorandum of agreement under the Workmen's Compensation Act 1897?
  2. 2 Is the Sheriff's act in granting or refusing such a warrant judicial or ministerial?

Ratio Decidendi

The proceedings for registration of a memorandum of agreement under the Workmen's Compensation Act 1897 are ministerial, not judicial; the Sheriff's decision on genuineness is final and not subject to appeal. The appeal is therefore incompetent and must be dismissed.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal dismissed
  • Sheriff's decision stands